What Happens If You Ignore an Eviction Order in New Brunswick

If you’ve received an official eviction order in New Brunswick and aren’t sure what happens next, it’s crucial to understand your rights, potential consequences, and the legal process. New Brunswick’s Residential Tenancies Tribunal (RTT) oversees and enforces rental laws under the Residential Tenancies Act (RTA). Ignoring an eviction order could result in significant impacts to your housing, finances, and legal standing.

Eviction Orders in New Brunswick: What Are They?

An eviction order is a formal decision made by the Residential Tenancies Tribunal after reviewing a landlord’s application to end your tenancy. The order will specify a date by which you must leave the rental unit. It is legally binding and enforceable.

How Are Tenants Notified?

• Notice is typically provided in writing and delivered by the landlord or Tribunal.
• You may have also received a Notice to Quit before the eviction order was issued, giving you an opportunity to resolve the issue or leave voluntarily.
• The eviction order will clearly indicate the move-out deadline.

Tenant Rights and Landlord Rights in New Brunswick offers a broad overview of tenant protections in the province.

What Happens If You Ignore the Eviction Order?

If you stay in the rental unit past the date on the eviction order, several important steps can occur:

• Your landlord can ask the Residential Tenancies Tribunal to enforce the order without further notice to you.
• The Tribunal may issue a Writ of Possession, authorizing the sheriff or peace officer to remove you and your belongings from the unit.
• Additional legal or moving costs could be added to what you owe.
• An enforced eviction can make it harder to rent elsewhere in the future.

Official Forms You May Encounter

• Notice to Quit (Form 1): Official notice from your landlord that may precede an eviction order.
  Use: You receive this if your landlord alleges grounds to end your tenancy (e.g., non-payment of rent, repeated disturbance). Respond right away—try to resolve the issue or prepare for a potential eviction process.
  See the Notice to Quit (Form 1)
• Application to Review (Form 7): If you wish to dispute an eviction order, you can request a review by submitting this form.
  Use: For tenants who believe an error was made or new evidence should be considered. You must file promptly after the eviction order is made.
  Download Application to Review (Form 7)
• Writ of Possession: Issued by the Tribunal to authorize an officer to remove a tenant who hasn’t left after an eviction order.
  Use: If you remain after the deadline, the landlord may apply for this. Removal will happen without further Tribunal hearing.
  See Writ of Possession (Form 11)

For a deeper understanding of responsibilities, the Obligations of Landlords and Tenants: Rights and Responsibilities Explained guide can help you identify your specific duties under NB rental law.

Legal Enforcement of Eviction in New Brunswick

When an eviction order is ignored by the tenant:

• The landlord applies to the Tribunal for enforcement.
• The Tribunal issues the Writ of Possession.
• A sheriff or peace officer visits the unit, removes the tenant, and may store or dispose of belongings left behind.

You don’t have to go through the process alone—support and advice are available.

Your Options and Rights if Facing Eviction

If you believe the eviction is unfair or there is new information to present, don’t wait. You may be able to apply for a review (see "Application to Review – Form 7" above). Contact the Residential Tenancies Tribunal right away, as deadlines are very tight (often within 7 days).

• Try to negotiate with your landlord for more time to move, if necessary.
• Contact local tenants' rights organizations for assistance.
• Document everything, including communication and condition of your unit.

Being proactive before the eviction is enforced can help you avoid additional expenses, stress, and difficulties renting in the future.

When planning your next move, Browse apartments for rent in Canada to find a rental option that meets your needs and budget.

Summary of Legal Process

The eviction process in New Brunswick is overseen by the Residential Tenancies Tribunal, and all actions must follow the Residential Tenancies Act. Remember that ignoring official orders can escalate to forced removal and financial consequences, so prompt action and understanding your rights are essential.

Frequently Asked Questions

1. What happens after the eviction deadline passes and I haven't moved out?
   The landlord can apply for a Writ of Possession, leading to sheriff-enforced removal without additional notice or hearings, and you may face added costs.
2. Can I appeal an eviction order in New Brunswick?
   Yes, you can apply for a review of the eviction order using Application to Review (Form 7), but this must be done very quickly—usually within 7 days of the order.
3. Will ignoring an eviction order affect my ability to rent in the future?
   Yes, a record of enforced eviction can make it harder to secure a new rental, as landlords often check rental histories.
4. What if I need time to find another place to live?
   Contact your landlord immediately to request more time, and reach out to the Tribunal or tenant support organizations for help as soon as you receive an eviction order.

Key Takeaways for Tenants

• Eviction orders in New Brunswick are legally enforceable and must not be ignored.
• If you disagree with an order, act quickly to file a review or seek help.
• Enforced evictions may impact your finances and future rental opportunities.

Understanding and responding promptly protects your rights and helps minimize long-term consequences.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal, New Brunswick: Main body handling evictions, applications, and tenant-landlord disputes. Phone: 1-888-762-8600
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB): Educational resources for tenants and landlords in NB.
• Local housing support or legal aid: Search for tenant advocacy organizations in your area for guidance.

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1. Residential Tenancies Act (New Brunswick)
2. Residential Tenancies Tribunal, Government of New Brunswick
3. Official Residential Tenancy Forms (NB)

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